1 RECORDING REQUESTED
BY CITY OF SAN JOSE:
Whe
n Recorded, Return To:
City of San José
200 East Santa Clara Street
San José, CA 95113
Attn: City Clerk, 2nd Floor West Wing
AME
NDED AND RESTATED
TURNKEY PARKLAND AGREEMENT
FOR
TENTATIVE MAP NO. PT19-018
BETWEEN
THE CITY OF SAN JOSE
AND
KB HOME SOUTH BAY INC.
AND
MTA PROPERTIES LP
AND
MTA HILLSDALE LP
AND
MTA-RTB, LLC
AND
MTA-JSB, LLC
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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This Amended and Restated Turnkey Parkland Agreement (“Agreement”) is made and entered into by and between the CITY OF SAN JOSE , a municipal corporation of the State of California (“City”), KB HOME SOUTH BAY INC. , a California Corporation (“ Applicant”), MTA PROPERTIES LP, a California Limited Partnership (“ Owner 1”), MTA HILLSDALE LP, a California Limited Partnership (“Owner 2”) , MTA-RTB, LLC, a California Limited Liability Company (“Owner 3”), and MTA-JSB, LLC, a California Limited Liability Company (“Owner 4”) as of the date of City's execution (“Effective Date”). Applicant and Owner 1, Owner 2, Owner 3, and Owner 4 are collectively referred to in this Agreement as “ Developer”. Each of City and Developer are sometimes hereinafter referred to as a “Party” and collectively as the “Parties.”
R E C I T A L S
A. Developer desires to develop a residential subdivision (the “Development”) on certain real property generally located on the south side of the Union Pacific Railroad tracks, north of Adeline Avenue, west of Lina Street, and easterly of Highway 87 at the terminus of Carol Drive, in the City of San José, County of Sa nta Clara, State of California ( the “Development Site”). Developer has filed Tentative Map Number PT19- 018 (“Tentative Map”) with the City’s Planning Department for the subdivision of the real property and has obtained Planned Development Permit No. PDA14-035- 06 (“PD Permit”) for the Development Site.
B. Under the provisions of Chapter 14.25 (“Park Impact Ordinance”) and Chapter 19.38 (“Parkland Dedication Ordinance”) of the San José Municipal Code, developers of residential projects are required to dedicate property for neighborhood and community parks, construct park or recreational improvements and/or pay in- lieu fees ( “Parkland Dedication Obligation”).
C. On January 14, 2015, the City approved a Master Planned Development Permit, City file number PD14-035 (“Master PD Permit”) and a Master Tentative Map , City file number PT14-030 (“Master Tentative Map”; the Master PD Permit and the Master Tentative Map are hereafter collectively referred to as the “Master Entitlements”) , providing for the
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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phased development of the Development Site . As contempla ted by the Master Entitlements, on October 25, 2023, the City approved a Phase III and IV Planned Development Permit, City file number PDA14-035-06 (“Phase III and IV PD Permit”) , and Phase III and IV Tentative Map, City file number PT19 -018 (“Phase III and IV Tentative Map”; the Phase III and IV PD Permit and the Phase III and IV Tentative Map are hereafter collectively referred to as the “Phase III and IV Entitlements ”), allowing for the development of a portion of the Development Site into 392 residential units (“Phase III”) and 407 residential units (“Phase IV”) for a total of 799 units. Phase III and Phase IV are further described in the Phase III and IV Tentative Map, as depicted in Exhibit A (“Development Site Map”).
D. On May 5, 2015, the Owner received approval for the Final Map for Tract 10295 ( the “Master Final Map”) which outlined property boundaries for the Development Site.
E. It is acknowledged that the entirety of property covered under the Master Final Map is owned by a number of separate entities. Ownership of the title for property included under the Phase III and IV Entitlements , for Tract 10295, is held by KB HOME SOUTH BAY INC., MTA PROPERTIES LP, MTA HILLSDALE LP, MTA-RTB, LLC, and MTA-JSB, LLC.
F. The residential portion of the Development is anticipated to consist of four residential final maps that will subdivide the Master Final Map. The anticipated four residential final maps consist of a total of 799 units, as depicted in Exhibit A (“Development Site Map”), and a gross parkland fee obligation of $9,000,500, as further described in Section 3 of this Agreement and Exhibit B (“Fees and Credits”). The Parties acknowledge that the anticipated four residential maps may be split into additional final maps for the purposes of construction, but the overall unit count total of 799 units and gross parkland fee obligation of $9,000,500 shall remain the same. The anticipated four residential final maps consist of the following unit allocations and gross parkland fee obligations:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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1. Development A Final Map will consist of 58 single-family detached units and a gross parkland fee obligation of $794,800.
2. Development B Final Map will consist of 226 single-family detached units and a gross parkland fee obligation of $2,972,000.
3. Development C Final Map will consist of 113 single- family detached units and 294 multi-family 5+ units for a total of 407 units and a gross parkland fee obligation of $4,240,100.
4. Development F Final Map will consist of 108 multi -family 5+ units and a gross parkland fee obligation of $993,600.
G. The Parties acknowledge that an anticipated fifth final map for Development D Final Map (“the Village Center”) that will subdivide the Master Final Map and consists of up to 505 multi-family 5+ units, as depicted in Exhibit A (“Development Site Map”), will enter into a separate parkland agreement pursuant to Park Impact and Parkland Dedication Ordinances.
H. The Parties acknowledge that an anticipated sixth final map for Development E Final Map that will subdivide the Master Final Map and consists of zero residential units, as depicted in Exhibit A (“Development Site Map”), does not have a parkland dedication obligation pursuant to Park Impact and Parkland Dedication Ordinances.
I. On March 4, 2025, the City and Applicant entered into a n agreement entitled “Parkland Agreement for Tentative Map No. PT19- 018 between City of San Jose and KB Home South Bay Inc., a California Corporation” (the “First Agreement”) , as recorded in the Office of Santa Clara County Clerk-Recorder on March 11, 2025 as document 25776102, in order for Applic ant to satisfy Applicant’s Parkland Dedication Obligation for the development of the Development A Final Map , approved as Final Trac t Map, Tract No. 10636, which consists of 58 single -family detached units and a gross parkland fee
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obligation of $794,800. On May 15, 2025, the Applicant paid the City $794,800 to satisfy the parkland fee obligation for the 58 single -family detached units with the City and Applicant acknowledging the $794,800 is reserved for the turnkey park improvements, as described below.
J. The Parties now wish to enter into this Agreement in order for Developer to satisfy Developer’s Parkland Dedication Obligation for the anticipated Development B Final Map, Development C Final Map and Development F Final Map, including the residential units and Parkland Dedication Obligation identified in the First Agreement for the Development A Final Map . Developer and City desire to enter into this Agreement pursuant to which Developer shall satisfy Developer’s Parkland Dedication Obligation as follows:
1. Developer shall complete the design and construction of turnkey park improvements on an approximately 1.00 acres of real property (the “Phase III Park Site”), as more particularly described in Exhibit C (“Irrevocable Offer of Dedication, Legal Description, and Plat Map - Phase III Park”) and dedicate the completed Phase III Park Site to the City in accordance with this Agreement. The turnkey park improvements shall be consistent with Exhibit D (“Conceptual Park Master Plan - Phase III Park”) and Exhibit E (“65% Construction Drawings - Phase III Park”).
2. Developer shall complete the design and construction of turnkey park improvements on an approximately 1.72 acres of real property (the “Phase IV Park Site”), as more particularly described in Exhibit F (“Irrevocable Offer of Dedication, Legal Description, and Plat Map - Phase IV Park”) and dedicate the completed Phase IV Park Site to the City in accordance with this Agreement. The turnkey park improvements shall be consistent with Exhibit G (“Conceptual Park Master Plan - Phase IV Park”) Exhibit H (“65% Construction Drawings - Phase IV Park”).
3. Developer shall pay Parkland Fees as set forth in Exhibit B (“Fees and Credits”). The Parties acknowledge that any remaining Parkland Fees will be credited towards the $794,800 parkland fee payment completed under the First Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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K. City’s Director of Parks, Recreation and Neighborhood Services ( “City’s Director ”) is charged with the administration of this Agreement in conjunction with the Director of Public Works ( “Director of PW ”). The Director of PW is responsible for the review, inspection, approval, and acceptance of the Park Improvements.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and for valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES OF DEVELOPER.
Developer represents and warrants to City that the following facts are true and correct:
A. The statements and certificates made on the Phase III and IV Tentative Map and documents filed in conjunction with the Phase III and IV Tentative Map remain true and correct.
B. Any and all documents provided to City pursuant to the terms of this Agreement, or in connection with the execution of this Agreement, are now in full force and effect and contain no inaccuracies or misstatements of fact. Developer covenants that at such time City notifies Developer of City's intention to accept the Park Improvements, if any of these documents contain inaccuracies, misstatements or have become obsolete, Developer shall notify City and provide City with the information required to render the documents accurate, complete and current.
C. Developer has the legal ability to enter into this Agreement and Developer's signatory(ies) to this Agreement is (are) duly authorized to sign this Agreement on its behalf. In the event Developer is not the legal owner of the real property identified on the Tentative Map, the legal owner shall also be required to execute this Agreement and shall be subject to all terms, conditions, and obligations of this Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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SECTION 2. OFFER OF DEDICATION; DESIGN AND DEVELOPMENT OF PARK IMPROVEMENTS.
A. Developer affirms its irrevocable offer to dedicate to City: (1) approximately 1.00 acres of real property (the “Phase III Park Site”), as more particularly described in the irrevocable offer of dedication attached in Exhibit C (“Irrevocable Offer of Dedication, Legal Description , and Plat Map - Phase III Park”); and (2) approximately 1.72 acres of real property ( the “Phase IV Park Site”), as more particularly described in the irrevocable offer of dedication attached in Exhibit F (“Irrevocable Offer of Dedication, Legal Description , and Plat Map - Phase IV Park”); and as identified on the Tentative Map for the Development and as shown in the two City reviewed 65% Construction Drawings for the Park Improvements (Exhibit E and Exhibit H). Developer shall be responsible for all costs incurred in the conveyance of the Park Site to City in accordance with the requirements and specifications set forth in this Agreement. T he irrevocable offer of dedication for the two Park Sites shall be recorded within sixty (60) days of City Council approval.
B. Developer shall be responsible for the development of plans and specifications for, and the construction of the Park Improvements on the two Park Sites consistent with the City reviewed 65% Construction Drawings for the two Park Sites (Exhibit E and Exhibit H), and the two Park Improvement Cost Estimates (Exhibit I and Exhibit J), and as more particularly described in this Agreement. Developer shall develop plans and specifications for the Park Improvements for the review and approval of the Director of PW , as more particularly described in the attached Exhibit K (“Design and Construction Requirements ”). Subject to Exhibit K (“Design and Construction Requirements”) of this Agreement, Developer shall construct the Park Improvements in conformance with the Project Specifications and all applicable standards and specifications in effect on the Effective Date of this Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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C. The Parties agree that the Park Improvements shall be consistent with the two City reviewed 65% Construction Drawings for the two Park Sites ( Exhibit E and Exhibit H) and the two Park Improvement Cost Estimates (Exhibit I and Exhibit J), in place at the time of this Agreement.
D. The City is not responsible for the operation or maintenance of the storm drainage facilities that convey Park Site stormwater through the Private Development Site.
E. Developer shall be responsible for all costs incurred for planning, design, construction, and supervision of the construction of all Park Improvements , including without limitation, City's plan reviews and inspections. Final acceptance of the parks Developer shall cause all labor and material incorporated in the Park Improvements to be furnished in accordance with the requirements and specifications set forth in this Agreement to the satisfaction of the City’s Director (Parks, Recreation and Neighborhood Services) and the Director of Public Works and in accordance to all applicable federal, State, and local laws and regulations.
F. The design, construction, and completion of the Phase III Park Site and the Phase IV Park Site shall adhere to the following schedule.
1. The completion of the 100% design construction drawings for the Phase III Park Site and the Phase IV Park Site shall be finalized and approved by the City’s Director on or before the date of June 30, 2027.
2. The Phase III Park Site shall be completed and dedicated to the City on or before the date of June 30, 2028.
3. The Phase IV Park Site shall be completed and dedicated to the City on or before the date of December 31, 2029.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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G. In the event Developer fails to complete the Park Improvements and dedicate the two fully improved Park Sites to the City on or before the dates identified in Section 2(E), the City shall have the sole option of pursuing the City’s legal remedies to enforce this Agreement including the right to enforce the bonds and securities set forth in Section 4 of this Agreement.
H. Upon Substantial Completion of the Park Improvements, the City shall send written notice of such to Developer. “Substantial Completion", "Substantially Complete" or "Substantially Completed" (or any derivation thereof)” shall mean that the Park Improvements have been installed in accordance and substantial conformance with the Project Specifications except for punch list items that have been issued for the Park Improvements. The Park Improvements shall be deemed accepted by City upon completion of all punch list items, warranty periods, and the operation and maintenance period. The operation and maintenance period shall be a minimum (90) ninety calendar days, until acceptance of all items of work upon which the City will record the Notice of Completion and Acceptance by Director of PW as outlined in the Design and Construction Requirements, Exhibit K of this Agreement.
I. The City’s Director may, at the City Director’s discretion, grant extensions of the completion requirement specified in this Section 2 for up to one (1) year and administratively allow non-substantive changes to the Park Improvements for the two Park Sites. Substantiative changes to this agreement or any extension of the completion requirements for more than one (1) year will require approval by the City Council. A substantive change is defined as a significant modification or expansion of the nature and scope of the identified Park Improvements or change in the two City reviewed 65% Construction Drawings. Any costs associated with the substantive change initiated by Developer shall be the Developer’s responsibility.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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SECTION 3. COMPLIANCE WITH THE PARKLAND DEDICATION ORDINANCE.
A. City acknowledges and agrees that Developer’s performance of this Agreement shall satisfy Developer’s obligations under the City’s Parkland Dedication Ordinance for the residential units identified on the Tentative Map for the Development, including the residential units and Parkland Dedication Obligation identified in the First Agreement. Provided that Developer is not in material default hereunder, and provided further that Developer satisfies all other terms, conditions, and requirements associated with the Development, City shall issue all building permits necessary for the residential units identified on the Tentative Map.
B. The Parties acknowledge and agree that the calculation of the Developer’s Parkland Dedication Obligation is set forth in this Section 3 and in Exhibit B (“Fees and Credits”), including the calculation of Parkland Fees and credits for Private Recreational Improvements, if applicable. If applicable, Developer shall pay to City the Parkland Fees specified in accordance with the payment instructions set forth in Exhibit B (“Fees and Credits”). All Parkland Fees shall be paid to City prior to the issuance of any building permit for residential construction in the Development, or within one year from the date of approval of any final or parcel map, whichever occurs first.
C. City will owe no refund to Developer in the event Developer does not build the number or type of residential units identified on the Tentative Map.
D. In the event there is an increase in the number of residential units to be built, or change in the dwelling unit type, Developer agrees to immediately notify the City’s Director and to pay such additional Parkland Fees as are required by the Parkland Dedication Ordinance.
E. Developer acknowledges that the costs and expenses for the design, development, construction, and supervision related to the Park Improvements, and dedication of
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parkland, may exceed the Parkland Fees that Developer would be obligated to pay under the Parkland Dedication Ordinance. Because of the benefit to the Development that will result from the Park Improvements and land dedication, Developer agrees to design, develop, and construct the Park Improvements on the Park Site and dedicate the Park Site as specified in this Agreement, without any obligation on the part of City.
SECTION 4. REVIEW FEES AND CHARGES RELATED TO PARK
IMPROVEMENTS.
A. Developer shall pay to City a fee for review and approval of the Project Specifications for the Park Improvements and the inspection of the Park Improvements (collectively, “Review Fee”). City's Review Fee shall be based on the Developer's cost estimate for the Park Improvements , as approved by the Director, and shall be calculated based on the fees and charges established for City's review and inspection of like improvements then in effect at the time Developer execute this Agreement. The Review Fee for th e Phase III Park Site is $262,847.
The Review Fee for the Phase IV Park Site is $ 359,376. The total Review Fee of $622,223 for both Park Sites shall be paid directly to City as specified in Exhibit B (“Fees and Credits”) prior to, or concurrently with, the execution of this Agreement. The Parties acknowledge that the Review Fee will be credited towards the $794,800 parkland fee payment completed under the First Agreement as specified in Exhibit B (“Fees and Credits”).
B. In the event that the City’s Director grants an extension of the term of this Agreement pursuant to the provisions of Section 2(H) or if the Review Fee paid pursuant to this Section 4 is insufficient for City’s review and inspection as set forth herein, then the Director of PW, at the Director of PW's sole discretion, shall have the right to escalate the total estimated cost of the Park Improvements, and/or the corresponding Review Fee. The escalation of the total estimated cost of the Park Improvements shall be based on the Engineering News Record Construction Cost
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Index, or in the event that the Engineering News Record discontinues publication during the term of this Agreement, an index of similar repute and reliability as determined and selected by Director of PW.
SECTION 5. BONDS AND SECURITY.
Developer shall furnish to City the following security prior to the execution of this Agreement and for the purposes, in the amounts, and under the conditions that follow:
A. T
ype and Amounts
1. P erformance Security . To assure the Developer’s faithful performance of this Agreement to complete the Park Improvements in an amount of One Hundred Percent ( 100%) of the estimated cost of the Park Improvements (hereinafter “Performance Security”); and
2. P ayment Security . To secure Developer’s payment to any Contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials for completion of the Park Improvements in the additional amount of One Hundred Percent ( 100%) of the estimated cost of the improvements (hereinafter “Payment Security”); and
3. W arranty Security . To warranty the Developer’s work for a period of one (1) year following recordation of the Notice of Acceptance against any defective work or labor done or defective materials furnished in the additional amount of Twenty-Five Percent ( 25%) of the estimated cost of the improvements (hereinafter “Warranty Security”); and
4. L
andscaping Security . To secure Developer’s installation and maintenance of landscaping as may be required by the Project Specifications, at such time when the drought restrictions have been rescinded as further described
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in Section F (3) of Exhibit K (“Design and Construction Requirements”) (hereinafter “Landscaping Security”).
B. C onditions .
1. Developer shall provide the required security on forms approved by City and from sureties authorized by the California Insurance Commissioner to transact the business of insurance. Any bonds furnished by Developer to satisfy the security requirements in this Section 5 shall be in the forms attached hereto as Exhibit L and Exhibit M (“Bond Forms”), as may be amended by City from time to time.
2. A condition of the Developer’s security is that any changes not exceeding ten percent (10%) of the original estimated cost of the Park Improvements shall not relieve the security. In the event that changes to the Improvement Plans cause an increase of more than ten percent ( 10%) over the original estimated cost of the Park Improvements, Developer shall provide security as required by Section 5(A ) of the Agreement for O ne Hundred P ercent (100%) of the total estimated cost of the Park Improvements as changed.
3. Notwithstanding Section 5 (B)(2), Developer’s security shall compensate City for the actual cost of completing the required Park Improvements in the Event of D efault, as defined in Section 6 below, by Developer in the performance of this Agreement, regardless of whether City’s cost of completion exceeds the estimated total cost of the Park Improvements.
4. A condition of Developer’s security is that any request by Developer for an extension of time for the commencement or completion of the work under this Agreement may be granted by City without notice to Developer’s surety and such extensions shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement.
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5. As a condition of granting any extension for the commencement or completion of the work under this Agreement, Director of PW may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by Director of PW.
6. If Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by Developer to Director of PW; and (3) upon its written acceptance by Director of PW , be deemed to be a part of this Agreement. Upon Director of PW’s acceptance of a replacement security, the former security may be released by City.
C. R
elease of Securities . City shall release the securities required by this Agreement as follows:
1. P erformance Security. City shall release the Performance Security upon recordation of the Notice of Acceptance or as may otherwise be authorized in accordance with California Government Code Sections 66499.7(a)-(g).
2. P
ayment Security. City shall release the Payment Security in accordance with California Government Code Section 66499.7(h).
3. W arranty Security . City shall release the Warranty Security upon expiration of the warranty period and settlement of any claims filed during the warranty period.
4. City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.
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D. I njury to Park Improvements, Public Property or Public Utility Facilities .
Until recordation of the Notice of Acceptance of the Park Improvements, Developer assumes responsibility for the care and maintenance of, and any damage to, the Park Improvements. Developer shall replace or repair all Park Improvements, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless of whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance.
Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Director of PW.
N
either the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss, or damage, regardless of cause, occurring to the work or Park Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
SECTION 6. DEFAULT.
A. Developer shall be in default hereunder upon the occurrence of any one or more of the following events (“Event of Default”):
1. Developer’s failure to timely commence construction of Park Improvements under this Agreement;
2. Developer’s failure to timely complete construction of the Park Improvements under this Agreement;
3. Developer’s failure to timely cure any defect in the Park Improvements;
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4. Developer’s failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work;
5. Developer’s insolvency, appointment of receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within thirty (30) days;
6. Developer assigns this Agreement in violation of Section 9;
7. Developer fails to perform or satisfy any other term, condition, or obligation under this Agreement.
B. If an Event of Default occurs and the Event of Default is not cured by Developer in accordance with Section 6(C) , City in its sole discretion shall be entitled to terminate Developer’s control over the work described herein and hold Developer and its surety liable for all damages suffered by City as a result of the Event of Default. City shall have the right, at its sole discretion, to draw upon or use the appropriate security to mitigate City’s damages in the Event of Default by Developer. Developer acknowledges and agrees that City’s right to draw upon or use the security is in addition to any other remedies available at law or in equity to City. The Parties acknowledge and agree that the estimated costs and security amounts may not reflect the actual cost of construction of the Park Improvements, and therefore, City’s damages in the Event of Default by Developer shall be measured by the actual cost of completing the required Park Improvements to the satisfaction of City. City may use the sums provided by t he securities for the completion of the Park Improvements in accordance with the Project Specifications.
City may take over the work and complete the Park Improvements, by contract or by any other method City deems appropriate, at the sole cost and expense of Developer. In such event, City, without any liability whatsoever, may complete the
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Park Improvements using any of Developer’s materials, appliances, plans, or other property located at the Park Site and that are necessary to complete the Park Improvements.
C. Unless the City’s Director determines that the circumstances warrant immediate enforcement of the provisions of this S ection 6 in order to preserve the public health, safety, and welfare, the City’s Director shall give twenty (20) working days' prior written notice of termination to Developer ( “Notice Period”), which notice shall state in reasonable detail the nature of Develo per's default and the manner in which Developer can cure the default. During the Notice Period, Developer shall have the right to cure any such default; provided, however, if a default is of a nature which cannot reasonably be cured within the Notice Period , Developer shall be deemed to have timely cured such default for purposes of this section if Developer commences to cure the default within the Notice Period, and prosecutes the same to completion within a reasonable time thereafter.
D. If an Event of Default occurs, Developer agrees to pay any and all costs and expenses incurred by City in securing performance of such terms, conditions, or obligations giving rise to the Event of Default, including but not limited to, fees and charges of architects, engineers, contractors, attorneys, and other professionals, and court costs.
E. City's rights and remedies specified in this S ection 6 shall be deemed cumulative and in addition to any rights or remedies City may have at law or in equity.
SECTION 7. INDEMNITY/HOLD HARMLESS.
City, or any officer, employee, or agent thereof shall not be liable for any loss or injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors, or subcontractors in the performance of this Agreement. Developer further acknowledges and agrees to protect, indemnify, defend and hold City, its officers, agents and
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employees harmless from and against any and all liability, loss, cost and obligations on account of or arising out of or resulting from any injury or loss caused directly or indirectly by any cause whatsoever in connection with or incidental to the activities performed by Developer under this Agreement. This Section 7 shall survive the recordation of the Notice of Acceptance , acceptance of the Park Site, or sooner termination of this Agreement for a period of one (1) year from the date of such acceptance or termination. Recordation of the Notice of Acceptance by City of the Park Improvements shall not constitute an assumption by City of any responsibility or liability for any loss or damages covered by this Section 7.
Developer shall reimburse City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section 7.
SECTION 8. NOTICES.
Any notice required or permitted to be given under this Agreement shall be in writing and personally served or sent by U.S. mail, postage prepaid, addressed as follows:
To City’s Director: City of San José
Department of Parks, Recreation and Neighborhood Services Capital Improvement Projects Division
Attn: Deputy Director
200 East Santa Clara Street, Tower-9
th Floor
San José, CA 95113
To Director of PW: City of San José
Department of Public Works
City Facilities and Architectural Services Division
Attn: PW Division Manager
200 East Santa Clara Street, Tower-6
th Floor
San José, CA 95113
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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To Applicant: KB HOME SOUTH BAY INC., a California Corporation Attn: Jeffrey McMullen, Senior Vice President
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
To Owner 1:
Owner 2:
Owner 3:
Owner 4:
MTA PROPERTIES LP, a California Limited Partnership
Attn: Gregory M. Bettencourt, Manager
900 High Street
Palo Alto, CA 94303
MTA HILLSDALE LP, a California Limited Partnership
Attn: Gregory M. Bettencourt, Vice President
900 High Street
Palo Alto, CA 94303
MTA-RTB, LLC, a California Limited Liability Company
Attn: Diana K. Tonn, Co-Manager, and Karen Marie-Bettencourt Helton, Co-Manager
900 High Street
Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited Liability Company
Attn: Gregory M. Bettencourt, Manager
900 High Street
Palo Alto, CA 94303
Notice shall be deemed given upon receipt. The Parties shall notify each other of changes in either their respective addresses or their representatives subject to notification in accordance with the provisions of this section.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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SECTION 9. ASSIGNMENT
This Agreement may not be assigned or transferred in part or in whole by Developer without the express written consent of City. Any attempts to assign or transfer any terms, conditions or obligations under this Agreement without the express written consent of City shall be voidable at City’s sole discretion
SECTION 10. BINDING UPON SUCCESSORS.
Subject to Section 9, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors, assignees, transferees, and legal representatives.
SECTION 11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with California law.
SECTION 12. ENTIRE AGREEMENT.
This Agreement, including the exhibits, attachments and appendices, contains the entire agreement of the P arties with respect to the satisfaction of the requirements of the Parkland Dedication Ordinance for the Tentative Map for the Development and supersedes all prior understandings or representations of the P arties, whether written or oral. Any subsequent modification of this Agreement must be made in writing and signed by all Parties hereto.
SECTION 13. TIME OF ESSENCE.
Time is of the essence in the performance of this Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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SECTION 14. FORCE MAJEURE.
A. “Force Majeure Event ” shall be defined as any matter or condition beyond the reasonable control of a Party, including war, public emergency or calamity, fire, earthquake, extraordinary inclement weather, Acts of God, strikes, labor disturbances or actions, civil disturbances or riots, litigation brought by third parties against either the City or Developer or both, or any governmental order or law which causes an interruption in the construction of the Park Improvements (the “Work” for purposes of this section) or prevents timely delivery of materials or supplies.
B. Should a Force Majeure Event prevent performance of this Agreement, in whole or in part, the P arty affected by the Force Majeure Event shall be excused or performance under this Agreement shall be suspended to the extent commensurate with the Force Majeure Event; provided that the Party availing itself of this Section shall notify the other Party within ten (10) days of the affected Party’s knowledge of the commencement of the Force Majeure Event; and provided further that the time of suspension or excuse shall not extend beyond that reasonably necessitated by the Force Majeure Event.
C. Notwithstanding the foregoing, the following shall not excuse or suspend performance under this Agreement:
1. Performance under this Agreement shall not be suspended or excused fo r a Force Majeure Event pertaining to the Work if such event is not defined as a Force Majeure Event under the applicable contract for the Work.
2. Negligence or failure of Developer to perform its obligations under a contract for the Work (other than for a F orce Majeure Event as defined under the applicable contract) shall not constitute a Force Majeure Event.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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3. The inability of Developer for any reason to have access to funds necessary to carry out its obligations under this Agreement or the termination of any contract for the prosecution of the Work for such reason or for Developer's default under such contract shall not constitute a Force Majeure Event.
SECTION 15. BOOKS AND RECORDS.
A. Developer shall be solely responsible to implement internal controls and record keeping procedures in order to comply with this Agreement and all applicable laws.
Developer shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the activities performed by Developer under this Agreement, including without limitation those relating to the construction of the Park Improvements , for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement or the date of the City’s acceptance of the Park Improvements, whichever is longer. Notwithstanding this previous sentence, Developer shall retain such records beyond three (3) years so long as any litigation, audit, dispute, or claim is pending.
B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Developer's address indicated for receipt of notices in this Agreement.
C. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Developer’s business, City may, by written request by any of the above -named officers, require that
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Developer, Developer’s representatives, or Developer's successor-in-interest.
D. Developer’s obligations under this Section shall be in addition to Developer’s obligations specified in Section II(B) of Exhibit K (“Design and Construction Requirements”).
SECTION 16. MISCELLANEOUS PROVISIONS.
A. C
aptions. Captions and Sections of this Agreement are for convenience only and shall not be considered in resolving any questions of interpretation or construction.
B. I ncorporation of Recitals . The Recitals in this Agreement are hereby incorporated into the terms of this Agreement.
C. J
urisdiction . In the event that suit shall be brought by any of the Parties, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.
D. Wai
ver. Developer agrees that waiver by City of any breach or violation or any term, condition, or obligation of this Agreement shall not be deemed to be a waiver of any other term, condition, or obligation contained herein or a waiver of any subsequent breach or violation of the same term, condition, or obligation.
E. P
lurality . As used in this Agreement and when required by the context, each number (singular and plural) shall include all numbers.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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F. Compliance with Laws . Developer, its employees, agents, representatives, contractors, and subcontractors shall comply with all local, state and federal laws in the performance of this Agreement.
G. N ondiscrimination. Developer, its employees, agents, representatives, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, or any other recognized or protected class in connection with or related to the performance of this Agreement. Developer shall expressly require compliance with the provisions of this Section 16(G) in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
H. D
eveloper has read each and every part of this Agreement, including without limitation, its exhibits, and Developer freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such Party may have drafted this Agreement or any of its provisions.
I. Whenever in this Agreement words of obligation or duty are used, such words shall have the force and effect of covenants. Any obligation imposed by either Party shall include the imposition on such Party of the obligation to pay all costs and expenses necessary to perform such obligation.
J. S
everability . If any provisions or portions of this Agreement are held to be invalid by a court of competent jurisdiction, the remaining provisions or portions of this Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the Parties.
K. T
his Agreement is entered into pursuant to and shall be governed by the Parkland Dedication Ordinance. If not otherwise defined in this Agreement, capitalized
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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terms shall have the meanings set forth in Chapter 19.38 of the San José Municipal Code.
SECTION 17. AGREEMENT'S ATTACHMENTS.
This Agreement includes the following attachments:
Exhibit A Development Site Map
Exhibit B Fees and Credits
Exhibit C Irrevocable Offer of Dedication, Legal Description, and Plat Map - Phase III Park
Exhibit D Conceptual Park Master Plan - Phase III Park Exhibit E 65% Construction Drawings - Phase III Park
Exhibit F Irrevocable Offer of Dedication, Legal Description, and Plat Map - Phase IV Park
Exhibit G Conceptual Park Master Plan - Phase IV Park Exhibit H 65% Construction Drawings - Phase IV Park
Exhibit I Park Improvements Cost Estimate - Phase III Park Exhibit J Park Improvements Cost Estimate - Phase IV Park Exhibit K Design and Construction Requirements
Exhibit L Bond Forms - Phase III Park
Exhibit M Bond Forms - Phase IV Park
Exhibit N Permitted Exceptions
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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WITNESS THE EXECUTION HEREOF the day and year hereinafter written by City.
APPROVED AS TO FORM:
Che Mx 4
ANDREW MALEK
Deputy City Attorney
APPLICANT
KB HOME SOUTH BAY INC., a
California Corporation
oe | P0006 a 4
Name: Jeffrey McMullen
Title: Senior Vice President
T-7754.137\ 2299238 26
CITY OF SAN JOSE, a municipal corporation
By:
TONI J. TABER, MMC
City Clerk
Date:
OWNER 1
MTA PROPERTIES LP, a California Limited
Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company, General
Partner
By:
Name: Gregory M. Bettencourt
Title: Manager
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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WITNESS THE EXECUTION HEREOF the day and year hereinafter written by City.
APPROVED AS TO FORM:
ANDREW MALEK
Deputy City Attorney
APPLICANT
KB HOME SOUTH BAY INC., a
California Corporation
By:
Name: Jeffrey McMullen
Title: Senior Vice President
T-7754.137\ 2299238 26
CITY OF SAN JOSE, a municipal corporation
By:
TONI J. TABER, MMC
City Clerk
Date:
OWNER 1
MTA PROPERTIES LP, a California Limited
Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company, General
Partner
Name: Gregory M. Bettencourt
Title: Manager
PLEASE SEE
NOTARY ATTACHMENT
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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OWNER 2 OWNER 3
MTA HILLSDALE LP, a California MTA-RTB, LLC, a California Limited Limited Partnership Liability Company
By MTA Land Corporation, a By:
California Corporation, General Partner Name: Diana K. Tonn Title: Co-Manager
Name: Gregory M. Bettencourt By:
Title: Vice President Name: Karen Marie-Bettencourt Helton Title: Co-Manager
OWNER 4
MTA-JSB, LLC, a California Limited
Liability Company
By: i
Name: Gregory M. Bettencourt
Title: Manager
* All Developer/Owner signatures must be accompanied by an attached notary acknowledgement.
* Proof of authorization for Developer/Owner signatures is required to be submitted concurrently with this Agreement.
T-7754.137\ 2299238 27
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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OWNER 2
MTA HILLSDALE LP, a California
Limited Partnership
By MTA Land Corporation, a
California Corporation, General Partner
By:
Name: Gregory M. Bettencourt
Title: Vice President
OWNER 4
MTA-JSB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
OWNER 3
MTA-RTB, LLC, a _ California Limited
Liability Company
By: dae. se YOu
Name: Diana K. Tonn
Title: Co-Manager
By:
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
All Developer/Owner signatures must be accompanied by an attached notary acknowledgement.
* Proof of authorization for Developer/Owner signatures is required to be submitted concurrently with this Agreement.
T-7754.137\ 2299238 27
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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OWNER 2
MTA HILLSDALE LP, a California
Limited Partnership
By MTA Land Corporation, a
California Corporation, General Partner
By:
Name: Gregory M. Bettencourt
Title: Vice President
OWNER 4
MTA-JSB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
OWNER 3
MTA-RTB, LLC, a California Limited
Liability Company
By:
Name: Diana K. Tonn
Title: Co-Manager
By: P2YY
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
. All Developer/Owner signatures must be accompanied by an attached notary acknowledgement.
® Proof of authorization for Developer/Owner signatures is required to be submitted concurrently with this Agreement.
T-7754.137\ 2299238 27
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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4/9/2026
STATE OF CALIFORNIA )
) SS
COUNTY OF SANTA CLARA )
On APRIL 1%, 202 beforeme MUUMBUE 6 ADAMS , yathReyY pyBLIC (Insert Date) (Insert Name and Title of the Officer)
personally appeared Jeffrey McMullen who proved to me on the basis of satisfactory evidence to be the person(s whose name(g} is/ar¬é subscribed to the within instrument and acknowledged to me that he/shé/théy executed the same in his/hef/their authorized capacity(ies), and that by his/hér/their signature(syon the instrument the person(sj, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MICHELLE C. ADAMS
Notary Public - California
Contra Costa County
oi EELS) commission # 2518025
ne (Seal)
U
(Signature of Notary)
T-7754.137\ 2299238 28
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ San Mateo
On OF 171 2026 before me, __ Soheil Michael Taherian _, Notary Public, petsonally appeared Crenry 1 kbenCourt
who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/a#e subscribed to the within instrument and acknowledged to me that he/sheéleey executed the same in his/heeA+brem authorized capacity(iee), and that by his/hesmpbtheix sipnatureés> on the instrument the person@, or the entity upon behalf of which the persong} acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS MY HAND AND OFFICIAL SEAL.
oe OTTER
mes. SOHEIL MICHAEL TAHERIAN = A COMM. #2455169 = 4) NOTARY PUBLIC- CALIFORNIA 2 Z My Com ae COUNTY = ; x! = En AD Sly 25,2007 Signature of Notary Public (Notary Seal)
OPTIONAL INFORMATION
The acknowledgment contained within this document is in accordance with California law. Any certificate of acknowledgement performed within the State of California shall use the preceding wording pursuant to Civil Code section 1189. An acknowledg- ment cannot be affixed to a document sent by mail or otherwise delivered to a notary public, including electronic means, whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. In addition, the correct notartal wording can only be signed and sealed by a notary public. The seal and signature cannot be affixed to a document without the correct notarial wording.
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER IZ AK lead Lcewrenp- Individual
(Tithe e of document) Corporate Officer
Number of Pages ncluding acknowledgment) Partner
Document Tare Eo: ss Attorney-In-Fact
Trustee
Other:
MMXV H.WARDALE 925.786.8909 4 www.TotallyNotary.net
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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<Tennessee.
STATE OF GALIEORNIA )
KNOX ) os
COUNTY OF SANFA-EEARA )
on April 14 42026 before me Kelly Wel/s , Motary
(Insert Date) Ansett Name and Title of the Offi cer)
personally appeared Diana K. Tonn who proved to me on the basis of 3 satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. gat ORR
Sen te 7
> ome . %
WITNESS my hand and official seal. = E cdeee § =
= 4 NOTARY ; os
Lb9 aan PuiG FS
Ly Ma? ssp een re <ay \s
(Signdgu re of Notary) ee ae
T-7754.137\ 2299238 30
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Mortec Lif )
On__DU Na) |2D20 before me, en Coosstat Sos L, Netacy Pilol ce (insert name and title of the officer)
personally appeared kaa 2 Marie-Rettencor+ Helton ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
- wry KEN GUSTAFSON WITNESS my hand and official seal. fA Notary Pubilc - California Monterey County z
Commission # 2520706 J P5 Sea My Comm, Expires May 18, 2029 Signature LEA. 4 g (Seal)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH IBIT A
DEVELOPMENT SITE MAP
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT A
DEVELOPMENT SITE MAP
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH
IBIT B
FEES AND CREDITS
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT B
FEES AND CREDIT SUMMARY (799 UNITS)
Parkland Dedication
Type of Dwelling Unit (per
U.S. Census)
Number of
New Units
Number of
Existing
Units
Estimated
Persons Per
Household
New
Population
Generated by
the Project
Land Dedication
Requirement
Per Person
(acres)
Total Parkland
Dedication
Required
(gross acres)
Single-Family Detached
units
397 0 3.310 1,314.070 0.003 3.942
Multi-Family 5 or more
units
402 0 2.340 940.680 0.003 2.822
Total 799 0 - 2,254.75 - 6.764
Land dedication requirement converted to a Parkland Fee $9,000,500
Parkland Dedication Requirement (acres) 6.764
Total Parkland to be Dedicated (acres) 2.72
Private Recreation Credits (cannot exceed 50% of Gross Parkland Obligation)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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This project has not requested credit for eligible Private Recreation Improvements pursuant to Park Impact and Parkland Dedication Ordinances.
Calculation of Parkland Dedication Met
Total Parkland Dedication
Required (gross acres)
Total
Parkland
to be
Dedicated
Percentage
of
Requirement
Met (Land
Dedication)
Percentage
of
Requirement
Met (Private
Recreation)
Total
percentage of
Requirement
Met
Percentage of Dedication
Remaining
6.764 2.72 40.211406 0 40.211406 59.788594
Calculation of Parkland Fees
Type of Dwelling Unit (per
U.S. Census)
Number of
New Units
Number of
Existing
Units
Multiple
Listing
Service
District
Affordable
Units
Parkland Fee
Per Unit (per
City Council
Resolution No.
78733)
Total Parkland
Fee
Single-Family Detached
units
314 0 11 0 $13,000 $4,082,000
Single-Family Detached
units
83 0 12 0 $14,700
$1,220,100
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Multi-Family 5 or more
units
402 0 11 0 $9,200 $3,698,400
Total 799 0 - 0 - $9,000,500
Fee Summary Breakdown
Gross Parkland Fee $9,000,500
Affordable Housing 50% Per Unit Fee Reduction -$0
Adjusted Parkland Fee $9,000,500
Existing Housing Credit -$0
Land Dedication Credit (multiply Gross Parkland Impact In-Lieu Fee by Percentage of Requirement Met for Land Dedication)
-$3,619,228
Private Recreation Credit -$0
Net Parkland Fee $5,381,272
Turnkey Park Design, Review and Construction Costs
Turnkey Costs Phase III Park Site Phase IV Park Site
Park Improvements Cost Estimate (refer to Exhibit I
and Exhibit J)
$1,501,981
$2,053,576
City Plan Review and Inspection Fee (17.5% of Park
Improvements Cost Estimate)
$262,847 $359,376
Construction Contingency (10% of Park Improvements
Cost Estimate)
$150,198 $205,358
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Cost Escalator (5% of Park Improvements Cost
Estimate for Phase III and 3% for Phase IV)
$75,099 $61,607
Design Consultant Allowance $240,100 $306,600
Total $2,230,225 $2,986,516
Parkland Fees Due to the City
Net Parkland Fee $5,381,272
Minus Turnkey Park Design, Review and Construction Costs for the Phase III and Phase IV Park Sites
-$5,216,741
Remaining Parkland Fees Due to the City $164,531
Parkland Fees from First Agreement $794,800
Minus Credit for City Plan Review and Inspection Fees for the Phase III and Phase IV Park Sites
-$622,223
Minus Credit for Remaining Parkland Fees Due to the City -$164,531 Money to be Returned to Developer $8,046
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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PAYMENT INSTRUCTIONS
The City Plan Review and Inspection Fee and Parkland Fees shall be paid directly to: City of San José, Department of Parks, Recreation and Neighborhood Services, 200 E. Santa Clara Street, San José, CA, 95113.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH IBIT C
IRREVOCABLE OFFER OF DEDICATION, LEGAL DESCRIPTION, AND PLAT MAP -
PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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RECORDED WITHOUT FEE UNDER
SECTION 6103 GOVERNMENT CODE
OF THE STATE OF CALIFORNIA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENT TO:
City of San José – Public Works
200 East Santa Clara Street, 3rd Floor
San José, CA 95113-1905
Deed No:
3 Dash No: 3-18407
APN: 455-91-037
Space above this line for Recorder's use
The Undersigned Grantee(s) Declare(s): DOCUMENTARY TRANSFER TAX $0; CITY TRANSFER TAX $0; Recorded for the benefit of the City of San José and is exempt from fee per Government Code Sections 27383 and 6103. [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [X] City of San José, and
[ ] __________________________________
Signature of Declarant
IRREVOCABLE OFFER OF DEDICATION
MTA HILLSDALE LP , hereinafter (“GRANTOR”), does hereby IRREVOCABLY OFFER TO DEDICATE to the CITY OF SAN JOSE, a municipal corporation of the State of California, (“CITY”) or its successor agencies , assigns, and transferees, real property as described in the attached Exhibit A for park purposes (the “ Phase III Park Property”). Such dedication of the Phase III Park Property shall be accepted by CITY upon recordation of a Grant Deed in the Santa Clara County, O ffice of the County-Recorder. The Grant Deed for the Park Property will be recorded by CITY in the Santa Clara County, Office of the County -Recorder, only upon the following event:
1. GRANTOR(s) performs and satisfies any and all terms, conditions, and obligations set forth in the Parkland Agreement between GRANTOR and CITY entitled “PARKLAND AGREEMENT
TENTATIVE MAP NO. PT19-018 (Chapter 19.38 of SJMC)” , executed simultaneously with this Irrevocable Offer of Dedication.
Until such Grant Deed is recorded, CITY shall not be responsible for and shall incur no liability with respect to the Park Property. GRANTOR, with respect to such offer of dedication, retains the right to control the Park Property until this offer of dedication is accepted and the Grant Deed is recorded as outlined herein.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California MTA-RTB, LLC, a California Limited Limited Partnership Liability Company
By MTA PROPERTIES 2025, LLC, a By:
California Limited Liability Company, Name: Diana K. Tonn General Partner Title: Co-Manager
By: i e By:
Name: Gregory M. Bettencourt Name: Karen Marie-Bettencourt Helton Title: Manager Title: Co-Manager
Address: 900 High Street Address: 900 High Street
Palo Alto, CA 94303 Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited
Liability Company
By: a
Name: Gregory M. Bettencourt PLEASE SEE
Title: Manager NOTARY ATTACH M ENT
Address: 900 High Street
Palo Alto, CA 94303
*Proof of authorization for Subdivider’s
signatures is required to be submitted
concurrently with this Agreement.
*All Subdivider’s signatures must be
accompanied by an attached notary
acknowledgement.
T-7754.137\ 2299238 42
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California
Limited Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company,
General Partner
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
*Proof of authorization for Subdivider’s
signatures is required to be submitted
concurrently with this Agreement.
*AIl Subdivider’s signatures must be
accompanied by an attached notary
acknowledgement.
T-7754.137\ 2299238
MTA-RTB, LLC, a California Limited
Liability Campany
By: (ro (on
Name: Diana K. Tonn
Title: Co-Manager
By:
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
Address: 900 High Street
Palo Alto, CA 94303
42 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California
Limited Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company,
General Partner
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
MTA-ISB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
*Proof of authorization for Subdivider’s
signatures is required to be submitted
concurrently with this Agreement.
* All Subdivider’s signatures must be
accompanied by an attached notary
acknowledgement.
T-7754.137\ 2299238
MTA-RTB, LLC, a California Limited
Liability Company
By:
Name: Diana K. Tonn
Title: Co-Manager
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
Address: 900 High Street
Palo Alto, CA 94303
42 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ San Mateo
On C4 | I7 1 2026 before me, __Soheil Michael Taherian _, Notary Public, personally appeated Leer Bollalawk
who “proved to me on the basis of satisfactory evidence to be the petson@ whose name(s+ is/a#e subscribed to the within instrument and acknowledged to me that he/she-#teey executed the same in his/hewfteeir authorized capacity(ies), and that by his/herdeeir siznature@) on the instrument the person(s), or the entity upon behalf of which the person(@ acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
crc WITNESS MY HAND AND OFFICIAL SEAL. — = jg SOHEIL MICHAEL TAHERIAN = a oS COMM. #2455169 a
@ 75) NOTARY PUBLIC- CALIFORNIA &
= SANTA CLARA COUNTY =
z y Comm, Exp, duly 25,2027 =
EMMI nM
Signature of Notary Public | (Notary Seal)
OPTIONAL INFORMATION
The acknowledgment contained within this document is in accordance with Cakfornia law. Any certificate of acknowledgement performed within the State of Cahfornia shall use the preceding wording pursuant to Civil Code section 1189. An acknowledg- ment cannot be affixed to a document sent by mail or otherwise delivered to a notary public, including electronic means, whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. In addition, the correct notarial wording can only be signed and sealed by a notary public. The seal and signature cannot be affixed to a document without the correct notartal wording.
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER OMer off Ledtiehcn / 4 // Individual
(Title of document) Corporate Officer
Number of Pages (Including acknowledgment) Partner
Document Date Lb, Vist: re S202b ______sAtttorney-In-Fact Trustee
Other:
MMXV H.WARDALE 925.786.8909 | www.TotallyNotary.net
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
tennes5ee..
STATE OF C�NIA )
knot
COUNTY OF SA-N+A CLARA
)
)
ss
On !/pr,/ I� 2�2h before me _ _,_��-e.�/ �-+v-w�e�/�/ S�,_N_o_ta_r-+-Y--- (Insert Date) (Insert Name and Title of the Officer)
personally appeared ----�D�i=an=a�K�. ���o=nn=-______ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
tf(���
T-7754.137\ 2299238
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Mortec Lif )
On__DU Na) |2D20 before me, en Coosstat Sos L, Netacy Pilol ce (insert name and title of the officer)
personally appeared kaa 2 Marie-Rettencor+ Helton ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
- wry KEN GUSTAFSON WITNESS my hand and official seal. fA Notary Pubilc - California Monterey County z
Commission # 2520706 J P5 Sea My Comm, Expires May 18, 2029 Signature LEA. 4 g (Seal)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
January 17, 2025
HMH 3636.86.321
363686LD111 - PARK.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
THE PARK PROPERTY
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of Lots I & J as shown on that Map of Tract 10295 filed for record on March 27, 2015, in Book 881 of Maps, page 34, in the Official Records of Santa Clara County, described as follows:
COMMENCING at the westerly corner of said Lot I;
Thence along the northwesterly line of said Lot I, North 52°20'52" East, 17.33 feet, to the TRUE POINT OF BEGINNING;
Thence continuing along said northwesterly line, North 52°20'52" East, 52.67 feet; Thence South 37°39'08" East, 0.53 feet;
Thence along a tangent curve to the left, having a radius of 36.00 feet, through a central angle of 90°00'00" for an arc length of 56.55 feet;
Thence North 52°20'52" East, 275.00 feet;
Thence along a tangent curve to the right, having a radius of 12.00 feet, through a central angle of 90°00'00" for an arc length of 18.85 feet;
Thence South 37°39'08" East, 72.43 feet;
Thence along a tangent curve to the left, having a radius of 866.00 feet, through a central angle of 04°26'24" for an arc length of 67.11 feet, to the general southeasterly line of said Lot I; Thence along said general southeasterly line the following three courses:
1. South 52°20'52" West, 78.70 feet;
2. Thence South 82°06'13" West, 146.64 feet;
3. Thence South 52°20'52" West, 69.46 feet;
Thence South 37°39'08" East, 16.00 feet;
Thence South 52°20'52" West, 102.80 feet;
Thence North 37°39'08" West, 131.23 feet, to the TRUE POINT OF BEGINNING.
Containing 43,607 square feet or 1.00 acres, more or less.
As shown on the plat attached hereto and made a part hereof.
END OF DESCRIPTION
This legal description of land does not constitute a separately created parcel per requirements of the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
1-17-25
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT.
0 6030
60 1-17-25
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 45
EXH IBIT D
CONCEPTUAL PARK MASTER PLAN - PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 46
EXHIBIT D
CONCEPTUAL PARK MASTER PLAN - PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 47
EXH IBIT E
65% CONSTRUCTION DRAWINGS - PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 48
EXHIBIT E
65% CONSTRUCTION DRAWINGS - VIEWING INSTRUCTIONS
The approved 65% Construction Drawings for the Phase II I Park Site are available for public viewing online at sjpermits.org by searching under the permit number: 2025-103452.
Alternatively, the approved 65% Construction Drawings for the Phase II I Park Site are available for public viewing in person at the City of San José, Department of Parks, Recreation and Neighborhood Services, 200 E. Santa Clara Street, San José, CA, 95113.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 49
EXH IBIT F
IRREVOCABLE OFFER OF DEDICATION, LEGAL DESCRIPTION, AND PLAT MAP -
PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 50
RECORDED WITHOUT FEE UNDER
SECTION 6103 GOVERNMENT CODE
OF THE STATE OF CALIFORNIA
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENT TO:
City of San José – Public Works
200 East Santa Clara Street, 3rd Floor
San José, CA 95113-1905
Deed No:
3 Dash No: 3-18407
APN: 455-91-030
Space above this line for Recorder's use
The Undersigned Grantee(s) Declare(s): DOCUMENTARY TRANSFER TAX $0; CITY TRANSFER TAX $0; Recorded for the benefit of the City of San José and is exempt from fee per Government Code Sections 27383 and 6103. [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [X] City of San José, and
[ ] __________________________________
Signature of Declarant
IRREVOCABLE OFFER OF DEDICATION
MTA HILLSDALE LP , hereinafter (“GRANTOR”), does hereby IRREVOCABLY OFFER TO DEDICATE to the CITY OF SAN JOSE, a municipal corporation of the State of California, (“CITY”) or its successor agencies , assigns, and transferees, real property as described in the attached Exhibit A for park purposes (the “ Phase IV Park Property”). Such dedication of the Phase IV Park Property shall be accepted by CITY upon recordation of a Grant Deed in the Santa Clara County, O ffice of the County-Recorder. The Grant Deed for the Park Property will be recorded by CITY in the Santa Clara County, Office of the County -Recorder, only upon the following event:
1. GRANTOR(s) performs and satisfies any and all terms, conditions, and obligations set forth in the Parkland Agreement between GRANTOR and CITY entitled “PARKLAND AGREEMENT
TENTATIVE MAP NO. PT19-018 (Chapter 19.38 of SJMC)” , executed simultaneously with this Irrevocable Offer of Dedication.
Until such Grant Deed is recorded, CITY shall not be responsible for and shall incur no liability with respect to the Park Property. GRANTOR, with respect to such offer of dedication, retains the right to control the Park Property until this offer of dedication is accepted and the Grant Deed is recorded as outlined herein.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California
Limited Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company,
General Partner
By: Y i
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
MTA-RTB, LLC, a California Limited
Liability Company
By:
Name: Diana K. Tonn
Title: Co-Manager
By:
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
Address: 900 High Street
Palo Alto, CA 94303
T-7754.137\ 2299238
MTA HILLSDALE LP, a California
Limited Partnership
By MTA Land Corporation, a
California Corporation, General Partner
By: an.
Name: Gregory M. Bettencourt
Title: Vice President
Address: 900 High Street
Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited
Liability Company
By: ee
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
PLEASE SEE
NOTARY ATTACHMENT
51 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California
Limited Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company,
General Partner
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
MTA-RTB, LLC, a California Limited
Liability Company
By: Yate (OT
Name: Diana K. Tonn
Title: Co-Manager
By:
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
Address: 900 High Street
Palo Alto, CA 94303
T-7754.137\ 2299238
MTA HILLSDALE LP, a California
Limited Partnership
By MTA Land Corporation, a
California Corporation, General Partner
By:
Name: Gregory M. Bettencourt
Title: Vice President
Address: 900 High Street
Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
51 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
The provisions hereof shall inure to the benefit and be binding upon the heirs, successors, assigns and personal representatives of the respective parties hereto.
Such real property is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
Dated , 20
MTA PROPERTIES LP, a California
Limited Partnership
By MTA PROPERTIES 2025, LLC, a
California Limited Liability Company,
General Partner
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
MTA-RTB, LLC, a California Limited
Liability Company
By:
Name: Diana K. Tonn
Title: Co-Manager
UEGF DLL.
By: WILE
v an SA
Name: Karen Marie-Bettencourt Helton
Title: Co-Manager
Address: 900 High Street
Palo Alto, CA 94303
T-7754.137\ 2299238
MTA HILLSDALE LP, a California
Limited Partnership
By MTA Land Corporation, a
California Corporation, General Partner
By:
Name: Gregory M. Bettencourt
Title: Vice President
Address: 900 High Street
Palo Alto, CA 94303
MTA-JSB, LLC, a California Limited
Liability Company
By:
Name: Gregory M. Bettencourt
Title: Manager
Address: 900 High Street
Palo Alto, CA 94303
51 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 52
*Proof of authorization for Subdivider’s
signatures is required to be submitted
concurrently with this Agreement.
*All Subdivider’s signatures must be
accompanied by an attached notary
acknowledgement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, ot validity of that document.
State of California
County of _ San Mateo
On C4 IZ 2026 before me, __ Soheil Michael Taherian __, Notary Public, personally appeared Gregory /1, Bellsn laud
who toned to me on the basis of satisfactory evidence to be the petson@y whose name(s} is/age subscribed to the within instrument and acknowledged to me that he/sheAtkey executed the same in his/lresptleir authorized capacity@es}, and that by his/hemétkeir siznatute@) on the instrument the petsongj, or the entity upon behalf of which the person acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
TN WITNESS MY HAND AND OFFICIAL SEAL. z SOHEIL MICHAEL TAHERTAN = a \ COMM. #2455169 ai
ahiee<erey NOTARY PUBLIC- CALIFORNIA & = V/) SANTACLARACOUNTY =—- = My Comm. Exp. July 25,2027. = Bt Signature of Notary Public _ (Notary Seal)
OPTIONAL INFORMATION
The acknowledgment contained within this document is in accordance with California law. Any certificate of acknowledgement performed within the State of Cahfornia shall use the preceding wording pursuant to Civil Code section 1189. An acknowledg- ment cannot be affixed to a document sent by mail or otherwise delivered to a notary public, including electronic means, whereby the signer did not personally appear before the notary public, even if the signer is known by the notary public. In addition, the correct notartal wording can only be signed and sealed by a notary public. The seal and signature cannot be affixed to a document without the correct notarial wording.
DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY SIGNER Mer of d Aditiblin GZ. 40 Individual
(Title of document) Corporate Officer
Number of Pages (Including acknowledgment) Partner
Document Date_ 2 y / 7 ; MA 6 _____ Attorney-In-Fact
Trustee
Other:
MMXV H.WARDALE 925.786.8909 |= www.TotallyNotary.net
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
Tennessee.
STATE OF CALIFORNIA )
k'nox
COUNTY OF SANTA ELAR-A
)
)
ss
On Apr,/ / '-I, 20 2 h before me �k�e.-�l�li.�;W_-e�I�/ s�)�N�of;�a-------Y Y------ (Insert Date) (Insert Name and Title of the Officer)
personally appeared _____ D_i�an_a�K�. ���o_nn _______ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T-7754.137\ 2299238
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Mortec Lif )
On__DU Na) |2D20 before me, en Coosstat Sos L, Netacy Pilol ce (insert name and title of the officer)
personally appeared kaa 2 Marie-Rettencor+ Helton ;
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
- wry KEN GUSTAFSON WITNESS my hand and official seal. fA Notary Pubilc - California Monterey County z
Commission # 2520706 J P5 Sea My Comm, Expires May 18, 2029 Signature LEA. 4 g (Seal)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
January 17, 2025
HMH 3636.86.321
363686LD110 - PARK.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
PARK PROPERTY
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of Lot N as shown on that Map of Tract 10295 filed for record on March 27, 2015, in Book 881 of Maps, page 34, in the Official Records of Santa Clara County, described as follows:
COMMENCING at southwesterly corner of said Lot N;
Thence North 54°21'22" East, 46.87 feet, to the TRUE POINT OF BEGINNING;
Thence North 20°39'58" East, 253.00 feet;
Thence along a tangent curve to the right, having a radius of 5.00 feet, through a central angle of 90°00'00" for an arc length of 7.85 feet;
Thence South 69°20'02" East, 280.00 feet;
Thence along a tangent curve to the right, having a radius of 5.00 feet, through a central angle of 90°00'00" for an arc length of 7.85 feet;
Thence South 20°39'58" West, 253.00 feet;
Thence North 69°20'02" West, 290.00 feet, to the TRUE POINT OF BEGINNING.
Containing 74,809 square feet or 1.72 acres, more or less.
As shown on the plat attached hereto and made a part hereof.
END OF DESCRIPTION
This legal description of land does not constitute a separately created parcel per requirements of the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
1-17-25
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT.
0 6030
60 1-17-25
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 55
EXH IBIT G
CONCEPTUAL PARK MASTER PLAN - PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 56
EXHIBIT G
CONCEPTUAL PARK MASTER PLAN - PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 57
EXH IBIT H
65% CONSTRUCTION DRAWINGS - PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 58
EXHIBIT H
65% CONSTRUCTION DRAWINGS - VIEWING INSTRUCTIONS
The approved 65% Construction Drawings for the Phase IV Park Site are available for public viewing online at sjpermits.org by searching under the permit number: 2025-103452.
Alternatively, the approved 65% Construction Drawings for the Phase IV Park Site are available for public viewing in person at the City of San José, Department of Parks, Recreation and Neighborhood Services, 200 E. Santa Clara Street, San José, CA, 95113.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SAW:JVP:JLM:CLS
4/9/2026
T-7754.137\ 2299238 59
EXH
IBIT I
PARK IMPROVEMENTS COST ESTIMATE - PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT I
PARK IMPROVEMENTS COST ESTIMATE - PHASE III PARK
Item Description Qty Unit Unit Cost Total
Project Start-Up
Mobilization 1 LS $25,000.00 $25,000
Traffic Control 1 LS $10,000.00 $10,000
Construction Staking 12 DAY $2,500.00 $30,000
Temporary Construction Fence 1,090 LF $24.00 $26,160 Irrigation
Irrigation 13,600 SF $7.00 $95,200
Controller 1 EA Incl above
Flow Sensor, Master Valve, and Backflow
w/ cage
1 EA Incl above
Piping, Sleeving, Boxes 1 EA Incl above
Planting
Planting Area 13,600 SF $4.00 $54,400
Mulch (Future PA & Under Trees) 13,600 SF $1.25 $17,000 Soil Prep and Amendments (Mulch,
Planting & Turf area)
13,600 SF $1.00 $13,600
24" Deep Root Barriers 28 EA $200.00 $5,600
Trees
15 Gallon Trees 53 EA $300.00 $15,900
15 Gallon Street Trees 12 EA $300.00 $3,600
Hardscape \ Surface
Pedestrian concrete natural gray 4,418 SF $20.00 $88,360 Vehicular concrete natural gray 2,713 SF $27.00 $73,251 Decomposed Granite 21,888 SF $12.00 $262,656
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Header at fence (integrated with fence
posts - DG support)
1,117 LF $15.00 $16,755
Solid wall with Fence top 45 LF $95.00 $4,275
Site Furnishings and Fencing
Bench 3 EA $4,641.00 $13,923
Boulder 14 EA $4,500.00 $63,000
Picnic Table 2 EA $5,532.00 $11,064
Single Headed Light 16 EA $11,500.00 $184,000
Trash and Recycle Receptacles (pair) 3 EA $4,860.00 $14,580 Bike Rack 6 EA $2,362.00 $14,172
Dog Waste Station 0 EA $- $-
Recycle Receptacles - incl above 0 EA $3,000.00 $-
Water Fountain w/ Bottle Filler 2 EA $11,266.00 $22,532 Vehicular Maintenance Gates at Dog Park 4 EA $5,700.00 $22,800 Entry Gates to Dog Park 6 EA $500.00 $3,000
Dog Park Fence & Hardware 1,100 LF $142.00 $156,200
Park Name Sign 1 ALLOW $300.00 $300
PRNS Rules and Regulation Sign (Triosk
Kiosk)
1 EA $5,040.00 $5,040
PRNS Dog Park Regulation Signs 3 EA $1,000.00 $3,000 Grading and Drainage
Drainage Budget 35,488 SF $3.50 $124,208
12" X 12" Catch Basin TBD EA
18" X 18" Catch Basin 7 EA Incl above
12" PVC, SDR-21 673 LF Incl above
6" PVC, SDR-26 TBD LF
6" SD Cleanout TBD EA
1" Potable Waterline TBD LF
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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6" SS Cleanout 2 EA Incl above
6" SS Pipe TBD LF
4" PVC SDR-26 TBD LF
Earthwork (Fill) 6350 CY Incl above
Potential Public Improvements
Water Meters for Irrigation 1 EA $25,000.00 $25,000
Water Lateral 31 LF $255.00 $7,905
Optional Sanitary Sewer Lateral 46 LF $- $-
PG&E EL Contract 1 EA $18,500.00 $18,500
Storm Connection 1 EA $8,500.00 $8,500
Electric Meter 1 EA $5,000.00 $5,000
Electric Pedestal 1 EA $15,000.00 $15,000
Wires Conduit & Trench 50 LF $400.00 $20,000
Concrete Foundations TBD CY
Driveway TBD CY
Maintenance (per City Requirements)
90-day maintenance (pre-acceptance) 1 LS $22,500.00 $22,500 SUBTOTAL $1,501,981
City Plan Review and Inspection Fee 17.5% $262,847
Construction Contingency 10% $150,198
Cost Escalator 5% $75,099
Design Consultant Allowance See Below $240,100
TOTAL $2,230,225
Design Consultant Allowance Breakdown
Landscape Architecture
• Meetings and Coordination
• Miscellaneous Exhibits
$188,200
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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• 35% Construction Documentation
with estimate(s)
• 65% Construction Documentation
(including revisions and comment
responses)
• 95% Construction Documentation
(including revisions and comment
responses)
• 100% Construction
Documentation (may include a
final submittal if needed)
• Specification Packages
• Record Drawings
• Construction Administration
Civil Engineering $24,400
Structural $12,500
Joint Trench/Electrical $15,000
Survey (listed above)
Total $240,100
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH IBIT J
PARK IMPROVEMENTS COST ESTIMATE - PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT J
PARK IMPROVEMENTS COST ESTIMATE - PHASE IV PARK
Item Description Qty Unit Unit Cost Total
Project Start-Up
Mobilization 1 LS $25,000.00 $25,000
Traffic Control 1 LS $10,000.00 $10,000
Construction Staking 16 DAY $2,500.00 $40,000
Temporary Construction Fence 1,093 LF $24.00 $26,232 Irrigation
Irrigation 59,364 SF $7.00 $415,548
Controller 1 EA Incl above
Flow Sensor, Master Valve, and Backflow
w/ cage
1 EA Incl above
Planting
Turf Area - sod 40,000 SF $2.50 $100,000
Planting Area - Shrubs and Ground Cover 23,000 SF $4.00 $92,000 Mulch 23,000 SF $1.25 $28,750
Soil Prep and Amendments (Mulch,
Planting & Turf area)
63,000 SF $1.00 $63,000
24" Deep Root Barriers 28 EA $200.00 $5,600
Trees
15 Gallon Trees 53 EA $300.00 $15,900
15 Gallon Street Trees 19 EA $300.00 $5,700
Hardscape \ Surface
Decomposed Granite 283 SF $12.00 $3,396
Stamped Concrete (Picnic/Gaming Area) 2,017 SF $25.00 $50,425 Concrete Pavement (Walkways) 5,000 SF $15.00 $75,000
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Vehicular Concrete Pavement 8,500 SF $27.00 $229,500 Concrete header 1,188 LF $20.00 $23,760
Ramps 2 EA $3,500.00 $7,000
Staircase 2 EA $20,000.00 $40,000
Site Furnishings and Fencing
Bench 5 EA $4,341.00 $21,705
Picnic Table 8 EA $5,532.00 $44,256
Boulder 8 EA $4,500.00 $36,000
Side Table 4 EA $5,760.00 $23,040
Light Poles 17 EA $11,500.00 $195,500
Trash Receptacles 4 EA $4,860.00 $19,440
Recycle Receptacles 4 EA $4,860.00 $19,440
Bike Racks 8 EA $2,455.00 $19,640
Cornhole Set 1 EA $3,433.00 $3,433
Drinking Fountain 1 EA $11,000.00 $11,000
Adirondack Lounge Chairs 6 EA $3,580.00 $21,480
Park Name Sign 1 ALLOW $300.00 $300
PRNS Rules and Regulation Signage
(Triosk Kiosk)
1 EA $5,040.00 $5,040
Grading and Drainage
Drainage Budget 63,283 SF $3.50 $221,491
12"x12" Catch Basin 5 EA Incl above
Rough Grading 2992 CY Incl above
Export (including 10% shrinkage) TBD CY
8" PVC, SDR-26 TBD LF
12" PVC, SDR-26 150 LF Incl above
1" Potable Water Line 63 LF Incl above
6" SD Cleanout 1 EA Incl above
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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6" SS Pipe 45 LF Incl above
Stormwater Connection 3 EA Incl above
12" RCP 70 LF Incl above
Potential Public Improvements
Remove Sidewalk TBD SF
Remove Asphalt Concrete TBD SF
Remove Curb TBD LF
Monolithic Sidewalk TBD SF
Asphalt Concrete, 3", 8" Base, 10" Sub TBD SF
Driveway TBD CY
Water Meters 5/8" Dom & 1.5" Irrigation 1 EA $25,000.00 $25,000 Water Lateral 100 LF $255 $25,500
Optional Sanitary Sewer Lateral TBD LF
Electric Meter 1 EA $5,000.00 $5,000
Electric Pedestal 1 EA $15,000.00 $15,000
Storm Connection 1 EA $8,500.00 $8,500
Wires Conduit & Trench 70 LF $500.00 $35,000
PG&E Electric Contract 1 EA $18,500.00 $18,500
Concrete Lighting Footing TBD CY
Maintenance (per City Requirements)
90-day maintenance (pre-acceptance) 1 LS $22,500.00 $22,500 SUBTOTAL $2,053,576
City Plan Review and Inspection Fee 17.5% $359,376
Construction Contingency 10% $205,358
Cost Escalator 3% $61,607
Design Consultant Allowance See Below $306,600
TOTAL $2,986,516
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Design Consultant Allowance Breakdown
Landscape Architecture
• Meetings and Coordination
• Miscellaneous Exhibits
• 35% Construction Documentation
with estimate(s)
• 65% Construction Documentation
(including revisions and comment
responses)
• 95% Construction Documentation
(including revisions and comment
responses)
• 100% Construction
Documentation (may include a
final submittal if needed)
• Specification Packages
• Record Drawings
• Construction Administration
$242,700
Civil Engineering $32,400
Structural $16,500
Joint Trench/Electrical $15,000
Survey (listed above)
Total $306,600
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH IBIT K
DESIGN AND CONSTRUCTION REQUIREMENTS
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT K
DESIGN AND CONSTRUCTION REQUIREMENTS
SECTION 1. DESIGN AND CONSTRUCTION REQUIREMENTS.
A.
Plans and Specifications.
The design for the Park Improvements must be consistent with the conceptual design for the two Park Improvements as depicted in Exhibit E and Exhibit H. Developer shall design and construct the Park Improvements in accordance with the following:
1. City's Standard Specifications and Standard Details, dated July 1992 (“City’s Specifications”), as may be amended from time to time, and on file with City's Department of Public Works, Architectural Division. Section 1 and the Technical Provisions of City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to “Developer” shall be deemed to mean “Developer.”
2. City’s Turnkey Park Standards for Park Design & Construction, dated 2001 (“Turnkey Standards”), as may be amended from time to time, and on file with City’s Department of Public Works, Architectural Division. In the event that Developer does not submit the ninety percent (90%) Project Specifications (as specified in the Turnkey Standards) for City’s review and approval within eighteen (18) months of the Effective Date of this Agreement and the Turnkey Standards are then revised, Developer shall design and construct the Park Improvements in accordance with the revised Turnkey Standards.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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B. Application of Plans and Specifications.
1. City’s Specifications, Turnkey Standards and the Project Specifications shall be collectively referred to as the “Plans.” The Park Improvements shall be constructed in accordance with the Plans.
2. In the event of a conflict between the Turnkey Standards and the City’s Specifications, the Turnkey Standards shall prevail.
3. The provisions of this Agreement supersede anything to the contrary in either the City’s Specifications or the Turnkey Standards.
C.
Project Specification Approval Process.
1. The Project Specifications shall be submitted in a timely manner in order to ensure that Developer completes the Park Improvements on or before the completion date specified in this Agreement. Developer shall not construct any Park Improvements unless and until the City’s Director of Public Works (“Director of P W”) has approved the Project Specifications in writing. The approval process for the Project Specifications is more particularly set forth in the Turnkey Standards.
2. City’s approval of the Plans shall not release Developer of the responsibility for the correction of mistakes, errors, or omissions contained in the Plans, including any mistakes, errors or omissions which may be the result of circumstances unforeseen at t he time the Plans were developed or approved. If, during the course of construction of the Park Improvements, the Director of PW determines in the Director of PW’s reasonable discretion that the public safety requires modification of, or the departure from, the Plans, the Director of PW shall have the authority to require such modification or departure and to specify the manner in which the same may be made. The Parties acknowledge that the Plans, once approved by the
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Director of PW, shall be final and that, except as expressly provided in this subsection, no revisions to the Plans shall be permitted for any reason whatsoever.
SECTION 2. PARTICULAR CONSTRUCTION REQUIREMENTS.
A. D
eveloper Selection .
Developer may hire and contract with one or more contractor or subcontractor, licensed to perform such work in the State of California.
B. P
revailing Wage Requirement .
1. G
eneral Requirement : For all construction work on the Park Improvements, Developers agree to comply with the prevailing wage requirements set forth in Sections 7-1.01A(2) through 7- 1.01A(3) of the City of San Jos é, Department of Public Works, Standard Specifications, dated July 1992 (“Prevailing Wage Requirement”), as may be amended from time to time. The Prevailing Wage Requirement is incorporated into this Agreement by reference as though set forth herein in the ir entirety. The Developers acknowledge that it has reviewed the Prevailing Wage Requirement and is familiar with its requirements.
2. C
ontractors and Subcontractors : The Developers shall expressly require compliance with the Prevailing Wage Requirement in all agreements it enters into with contractors and subcontractors for construction work on the Park Improvements. The Developers acknowledge and agree that they are responsible for compliance by their contractors and subcontractors of the Prevailing Wage Requirement.
3. R eporting Obligations : Notwithstanding anything to the contrary contained herein, Developers are not obligated to submit to the City copies of payroll records, or any other records required to be maintained pursuant to the Prevailing Wage
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Requirement, until the City requests such records. The Developers shall provide to the City, at no cost to the City, a copy of any and all such records within ten (10) working days of the City’s Office of Equality Assurance request for such records.
In responding to a request by the Office of Equality Assurance, the Developers agree that it is responsible for submitting the records of any and all of its contractors and subcontractors.
4. I
ndemnity: The Developers shall indemnify the City for any claims, costs or expenses which the City incurs as a result of the Developers’ failure to pay, or cause to be paid, prevailing wages.
C. R
emedies f or Developer’s Breach of Prevailing Wage Requirements.
1. G eneral : The Developers acknowledge the City has determined that the Prevailing Wage Requirement promotes each of the following (collectively “Goals”):
a. It pr
otects City job opportunities and stimulates City’s economy by reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
b. It benefits the public through the superior efficiency of well -paid employees, whereas the payment of inadequate compensation tends to negatively affect the quality of services to City by fostering high turnover and instability in the workplace.
c. Pay workers a wage that enables them not to live in poverty is beneficial to the health and welfare of all citizens of San Jos é because it increases the ability of such workers to attain sustenance, decreases the amount of poverty and reduces the amount of taxpayer funded social services in San José.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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d. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to workers.
2. R
emedies: The City and Developers recognize that the Developers’ breach of the Prevailing Wage Requirement set forth above will cause damage to the City by undermining the City’s goals in assuring timely payment of prevailing wages and will cause the City additional expenses in obtaining compliance and conducting audits, and that such damage would not be remedied by the Developers’ payment of restitution to the worker paid less than the prevailing wage. The Developers and the City agree that such damage wou ld increase the greater the number of employees not paid the applicable prevailing wage and the longer the amount of time over which such wages were not paid. The City and the Developers further recognize the delays, expense and difficulty involved in proving the City’s actual losses in a legal proceeding, and mutually agree that making a precise determination of the amount of City’s damages as a result of the Developers’ breach of the Wage Provision would be impracticable and/or extremely difficult. Accordingly, the City and the Developers agree that:
a. F
or each day after ten (10) working days that the Developer fails to completely respond to a request by City to provide records as required under Section 2(b), of Exhibit K of this Agreement, Developer shall pay to City as liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($250.00); and
b. For each instance where City has determined that the Prevailing Wage Requirements were not met, Developer shall pay to City as liquidated damages the sum of three (3) times the difference between the actual amount of wages paid and the prevailing wages which should have been paid.
3. A
udit Rights . All records or documents required to be kept pursuant to this Agreement to verify compliance with the Prevailing Wage Requirement shall be made available for audit at no cost to the City, at any time during regular business
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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D.
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to the City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at the Developers’ address indicated for receipt of notices in this Agreement.
Remedies Cumulative: The remedies set forth in this provision of the Agreement are cumulative and in addition to any other remedies set forth in the Prevailing Wage Requirements or otherwise permitted by law.
Developer Initial: L City Initial:
Conduct of Work.
Appearance: Developer shall maintain a neat and clean appearance to the work at the Park Site. When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling of disposable material is necessary, the material shall be retained in an area not readily visible to the public in a manner meeting the reasonable satisfaction of the Director of PW.
Condition: Developer shall maintain the Park Site in a neat, clean, and good condition prior to City's acceptance of the Park Improvements. Developer shall not dispose or cause the disposal of any Hazardous Substances on any of the Park Site.
Additionally, Developer shall take reasonable precautions to prevent the disposal of Hazardous Substances by third parties on any of the Site. The term “Hazardous Substances” is defined in Section 3 (A)(2) of this Exhibit.
Emergencies: In an emergency affecting the safety of persons or property, Developer shall act reasonably to prevent threatened damage, injury, or loss.
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Developer shall immediately notify the City by telephone at the telephone number as directed by City's Director of PW and in writing of such actions.
E. A ccess for Inspection.
1. A ccess : The Director of PW and the Director of PW's designated representatives, including without limitation, staff from other City departments, shall at all times during the progress of work on the Park Improvements have free access to such improvements for inspection purposes. If the Director of PW determines that all or any portion of the work done on the Park Improvements is not in compliance with the Plans, the Director of PW shall notify Developer of the same and Developer shall promptly cure such defect to the Director of PW's reasonable satisfaction.
Such notifications shall be made to Developer and his on-site representatives to not unduly interfere with ongoing construction work.
2. R epresentatives :
a. Prior to commencement of work on the Park Improvements, Developer shall designate in writing an authorized representative who shall have the authority to represent and act for Developer. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Director of PW shall be made for any emergency work which may be required. In addition, Developer shall provide Director of PW with the names and telephone numbers of at least two (2) individuals in charge of or responsible for the work who can be reached personally in case of emergency twenty-four (24) hours a day, seven (7) days a week.
b. The Director of PW shall also designate one or more authorized representative who shall have the authority to represent the Director of PW.
Developer's authorized representative shall be present at the site of the work at such reasonable times as designat ed by the Director of PW. Prior to
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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commencement of the work, the Parties shall mutually agree to an inspection schedule, which schedule may be adjusted from time to time by mutual agreement.
c. Whenever Developer or its authorized representative is not present on any particular part of the work where it becomes necessary to give direction for safety reasons, the Director of PW shall have the right to give such orders which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Director of PW will on request of Developer be given or confirmed by the Director of PW in writing.
d. City's rights under this Agreement shall not make Developer an agent of the City, and the liability of Developer for all damages to persons or to public or private property arising from Developer's execution of the work, shall not be lessened because of the exercise by City of its rights.
F. A
cceptance of Park Improvements .
The Park Improvements shall be completed in accordance with the provisions of this Agreement to the satisfaction of the Director of PW.
1. City agrees to inspect and prepare a punchlist for the Park Improvements within ten (10) business days of notification by Developer that Developer considers the construction of the Park Improvements to be complete. City further agrees to perform its final inspection within ten (10) business days of notification by Developer that all punchlist work has been completed.
2. City will process acceptance documentation (Notice of Acceptance) within ten (10) business days of the date of City’s final inspection or the date upon which
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Developer returns to City the appropriate signed acceptance documentation, whichever is later, provided that:
a. City finds that all punchlist work has been satisfactorily completed; and
b. Developer has performed and satisfied any and all terms, conditions, and obligations required under this Agreement prior to acceptance of the Park Improvements, including but not limited to, the requirements for dedication of the Park Sites as outlined in Section 2(G) of this Exhibit below; and
c. Developer has provided the Director of PW with three (3) sets of the Plans (“record plans”) corresponding copies of any and all warranties, and the like (such warranties shall be in the name of the City), and corresponding copies of any and all operating manuals for equipment installed as part of the Park Improvements.
3. The Parties acknowledge that City's restrictions on the installation of landscaping because of future drought conditions may delay Developer's installation of the landscaping contemplated by this Agreement. If, due to drought restrictions, Developer is unable to install the landscaping in time to be inspected by the Director for the purposes of accepting the completed Park Improvements, Developer shall post a bond or other form of security as set forth in Section 5(A)(4) of this Agreement.
4. At the discretion of the Director of PW, City may accept a designated portion of the Park Improvements. Acceptance of a designated portion will be as provided by Section 7-1.166 of the City’s Specifications.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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G. P ark Site s.
1. Developer shall provide each of the following to the Director of PW, subject to the approval of the Director of PW, prior to City's acceptance of the two Park Sites and Park Improvements:
a. A preliminary report for the Park Site by a reputable title company currently doing business for City’s Real Estate Division. Developer shall coordinate with City’s Real Estate Division and provide a preliminary title report at least ninety (90) days prior to execution of this Agreement and an updated title report at least ninety (90) days prior to the anticipated completion of the Park Improvements.
b. A Grant Deed for the Park Site containing the legal description of the Park Site, as approved by City Surveyor, properly executed and acknowledged, subject only to the exceptions to title, if any, approved by City’s Manager or the Manager’s designee pursuant to which a fee simple estate in Park Site shall be conveyed to City. Title to the Park Site shall be vested in City free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests of record or known to Developer, subject only to those exceptions, if any, affecting the Park Site approved by City’s Manager or the Manager’s designee, in writing or listed in this Exhibit N (“Permitted Exceptions”), if applicable. The Grant Deed, subject to approval of City, for the Park Site shall be delivered to the City’s Real Estate Division at least ninety (90) days prior to the anticipated completion of the Park Improvements.
c. Developer shall also cause to be provided to City, concurrently with the conveyance of the Park Site to City, a C.L.T.A. owner’s form policy of title insurance issued by a reputable title company currently doing business with City, with City named as the insured, in the amount of $2,600,000 for the
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Phase III Park Site and $ 3,400,000 for the Phase IV Park Site insuring the title of City to the two Park Sites is subject to only the Permitted Exceptions, if any.
d. Any and all reports related to the condition of the Park Site and the lands adjacent to the Park Site caused to be performed by Developer or in Developer's possession or control. Developer shall also provide to City, at the Developer’s sole cost, a report , prepared or updated no earlier than twelve (12) months before the proposed acceptance of the Park Improvements by a qualified consultant analyzing the condition of the Park Site with respect to the presence of hazardous materials on or adjacent to the Park Site (“Hazardous Materials Report”). The definition of Hazardous Materials for purposes of this Agreement is set forth in Section 3 (A)(2) of this Exhibit. The scope of the Hazardous Materials Report shall, at minimum, contain the elements set forth below in Section 4.
e. In the event that the Hazardous Materials Report(s) disclose(s) the presence of Hazardous Materials on any of the Park Site in excess of generally accepted environmental screening limits for park land uses, (e.g.
Environmental Screening Limits and Californ ia Human Health Screening Limits) and/or in violation of any hazardous materials/waste laws, the Director shall have the right to require Developer, as a condition of acceptance, to remediate the condition, including without limitation, removal of the Hazardous Materials. The type of remediation required for the Park Site shall be at no cost to the City and be subject to the review and approval of the Director.
f. The Environmental Warranty specified in Section 3 of this Exhibit.
g. Documents evidencing the authority of the signatory(ies) to execute any agreement or other legal binding documents on behalf of Developer.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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2. Upon the Director of PW’s acceptance of the Park Site and Park Improvements, Developer shall have no further obligations in connection with the Park Site except for the terms, conditions, or obligations of this Agreement that explicitly survives acceptance or termination.
.
H. C ompliance w ith Laws/Permits.
1. Developer shall keep fully informed of all existing and future local, state, and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work on the Park Improvements, or the materials us ed in the Park Improvements, or which in any way affect the conduct of the work on the Park Improvements, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. In the performance of any work pursuant to this Agreement, Developer shall at all times observe and comply with, and shall cause all Developer's employees, agents, representatives, contractors and subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order, or decree, Developer shall promptly report the same to the Director.
2. Developer shall, at its sole cost and expense, obtain all governmental reviews and approvals, licenses, and permits which are, or may be, required and necessary to construct and complete the Park Improvements in accordance with the provisions of this Agree ment, including, but not limited to, site development reviews, development permits and environmental review. Developer shall comply with all conditions, restrictions or contingencies imposed upon, or attached to, such governmental approvals, licenses, and permits. If Developer for any reason fails to comply with any of City's requirements, or any other legal requirement concerning
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Developer's construction of the Park Improvements, then City shall have the right to require Developer to alter, repair, or replace any improvements or perform any other action to the satisfaction of the Director as reasonably required to correct any non-compliance of the Park Improvements with legal requirements or this Agreement and at no cost to City. Developer's failure to effect the cure as required by the Director shall constitute an Event of Default in accordance with Section 6 of this Agreement.
SECTION 3. ENVIRONMENTAL WARRANTY.
A. By executing this Agreement, Developer warrants and agrees that, p rior to the City’s acceptance of the Park Improvements and dedication of the Park Site:
1. Neither the Site nor Developer are in violation of any environmental law, and neither the Site nor Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the Park Site.
2. Neither Developer nor any other person with Developer’s permission to be upon the Site shall use, generate, manufacture, produce, or release, on, under, or about the Park Site, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” or “Hazardous Materials” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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3. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Park Site or the property on which the Park Improvements are to be constructed, or the migration of any Hazardous Substance from or to any other property adjacent to, or in the vicinity of, the Park Site.
4. Developer’s prior and present use of the Park Site has not resulted in the release of any Hazardous Substance on, under, about, or adjacent to the Park Site.
5. Neither the Park Site nor Park Improvements located on the Park Site shall be subject to any monitoring, reporting, or restrictions whatsoever by any governmental authority with jurisdiction over the Park Site, including but not limited to, the California Department of Toxic Substances Control and California Regional Water Quality Control Board.
6. Subject to Section 2(G)(1)(b) of this Exhibit, neither the Park Site nor Park Improvements located on the Park Site shall be subject to any burden, easements, covenants or land use restrictions recorded against any part of the Park Improvements or Park Site.
B. Developer shall give prompt written notice to City of:
1. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substance on the Park Site or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Park Site; and
2. Any claims made or threatened by any third party against Developer, City or the Park Site relating to any loss or injury resulting from any Hazardous Substance; and
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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3. Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Park Site that could cause the Park Site or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
SECTION 4.
HAZARDOUS MATERIALS REPORT.
A. S
cope of Hazardous Materials Report.
The Hazardous Materials Report shall be in two phases, Phase I Environmental Site Assessment (“ESA”) and, if necessary, Phase II ESA. The Phase I ESA shall be conducted utilizing standards of All Appropriate Inquiry and ASTM 1527- 05 which, in general, provide the information identified below regarding the condition of the Park Site with respect to the presence or likely presence of any Hazardous Materials on, under, above, or about the Park Site, including the past, current, or possible release of any Hazardous Materials on, under, above, or about the Park Site.
1. The historical usage of the Park Site and adjacent parcels dating back to the Park Sites first developed use (including any agricultural use) or 1940, whichever is earlier.
2. Results of the site visits pertaining to the current condition of the Park Site, including without limitation, any observed storage, handling, or release of any Hazardous Materials on, under, above, or about the Park Site, or evidence indicating possible past or current storage, handling, or release of any Hazardous Materials on, under, above, or about the Park Site.
3. Results of the review of all reasonably available historical documents and records of regulatory agencies concerning the storage, handling, or release of any Hazardous Materials and/or contamination of any or all of the Park Site.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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4. Based on the findings of items 1 - 3 above, additional investigation, including without limitation, soil and/or groundwater sampling and chemical analysis could be required by City. The sampling and analysis plan, which includes the number and depths of soil borings that might be required, shall be subject to the review and approval of City.
5. A written report shall be prepared by a licensed environmental professional presenting results of the Phase I ESA. The report shall include any chemical analysis which may have been completed during the survey along with chain of custody documentation, soil boring logs if required and recommendations for any further investigation and remediation/source control necessary on the Park Site.
B. P
hase II ESA (if necessary).
A definitive scope of services for the Phase II ESA cannot be determined until completion of the Phase I ESA, as the extent and type of further investigation will be determined by the Phase I ESA findings. The following tasks serve only as preliminary guidelines for potential Phase II investigation and are subject to revision upon City's review and approval of the Phase I ESA (Hazardous Materials Report). It is possible that no Phase II investigation will be necessary.
1. Soil and Groundwater Sampling and Analysis.
Depending on the results of the Phase I ESA, it may be necessary to sample and analyze the soil and/or groundwater on- site. If such analysis is necessary, a sampling and analysis plan shall be prepared and approved by City that shall define a sufficient number of samples to be collected and analyzed to allow for an adequate characterization of the environmental condition of the Site. Soil and/or groundwater samples shall be analyzed for petroleum hydrocarbons, selected metals, and volatile organic compounds, or any other potential contaminant of concern as identified in the Phase I ESA.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Soil and/or groundwater samples shall be collected utilizing typical professional protocols and submitted to an EPA certified laboratory for analysis.
2. Report Preparation.
A written report shall be prepared presenting the results of the Phase II investigation. The report shall include results from any chemical analysis completed during the investigation, along with chain-of- custody documentation, boring logs of sampling locations or from any monitoring wells completed, and recommendations for any further investigation and remediation/source control necessary on the site.
3. Report on any Remediation Work.
A written report shall be prepared presenting the results of any remediation work resulting from a Phase II investigation. The report shall include results from any chemical analysis completed during the survey, along with chain-of-custody documentation, boring logs of sampling locations or from any monitoring wells completed, and that any recommendations for any further investigation and remediation/source control necessary on the Park Site have been completed.
SECTION 5. INSURANCE REQUIREMENTS.
The Developer shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the Development hereunder by the Developers, its agents, representative employees, contractors, or subcontractors.
A. M
inimum Scope of Insurance.
Coverage shall be at least as broad as:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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1. The coverage provided by Insurance Services Office Commercial General Liability coverage ("occurrence") Form Number CG 0001; and
2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall also be included for all owned, non-owned and hired autos; and
3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and
4 Professional Liability Errors and Omissions insurance for all professional services; and
5. Builder’s Risk insurance providing coverage for “all risks” of loss; and
6. Pollution Liability insurance providing third- party coverage for bodily injury, property damage, defense, cleanup, and related defense costs as a result of pollution conditions.
There shall be no endorsement reducing the scope of coverage required above unless approved by the City’s Risk Manager in writing.
B.
M inimum Limits of Insurance.
Developer shall maintain limits no less than:
1. C
ommercial General Liability : Five Million Dollars ($ 5,000,000) per occurrence and in the aggregate for bodily injury, personal injury and property damage; and
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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2. A utomobile Liability: Two Million Dollars ($2,000,000) combined single limit per accident for bodily injury and property damage; and
3. W orkers' Compensation and Employers' Liability: Workers' Compensation limits as required by the California Labor Code and Employers Liability limits of One Million Dollars ($1,000,000) per accident; coverage shall be endorsed to state carrier waives its rights of subrogation against the City, its officers, employees, agents, and contractors; and
4. P rofessional Liability Errors and Omissions : One Million Dollars ($1,000,000) per claim/One Million Dollars ($1,000,000) aggregate limit; and
5. B
uilders’ Risk: Completed value of Project; and
6. P ollution Liability : Two Million Dollars ($2,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate limit.
C. D eductibles and S elf-Insured Retentions.
Any deductibles or self -insured retentions must be declared to, and approved by City’s Risk Manager in writing.
D.
Provisions of Policies.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability, Automobile Liability and Pollution Liability Coverages.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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a. City, its officials, employees, and agents are to be covered as an additional insured as respects: liability arising out of activities performed by, or on behalf of, the Developer; products and completed operations of the Developer; premises owned, leased or used by the Developer; or automobiles owned, leased, hired or borrowed by Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, and agents; and
b. The Developer's insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and contractors.
Any insurance or self -insurance maintained by City, its officials, employees, agents and contractors shall be excess of the Developer's insurance and shall not contribute with it; and
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City and the City, its officials, employees, and agents; and
d. Coverage shall state that Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and
e. Coverage shall contain a waiver of subrogation in favor of City, its officials, employees, and agents.
2. Workers’ Compensation and Employers Liability Coverages shall contain a waiver of subrogation in favor of City, its officials, employees, and agents.
3. Builders’ Risk policies shall contain the following provisions:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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a. City shall be named as loss payee as its interest may appear.
b. Coverage shall contain a waiver of subrogation in favor of City, its officials, employees, and agents.
4. All Coverages.
Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City’s Risk Manager, except that ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium.
E.
Duration.
1. Commercial General Liability (including, without limitation, products and completed operations coverage), Professional Liability and Pollution Liability coverages shall be maintained continuously for a minimum of five (5) years after completion of the work under this Agreement.
2. If any of such coverages are written on a claims -made basis, the following requirements apply:
a. The policy retroactive date must precede the date the work commenced under this Agreement.
b. If the policy is cancelled or non-renewed and coverage cannot be procured with the original retroactive date, Developer must purchase an extended
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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reporting period equal to or greater than five (5) years after completion of the work under this Agreement.
F. A
cceptability of Insurers.
Insurance is to be placed with insurers acceptable to the City’s Risk Manager.
G. V
erification of Coverages.
Developer shall furnish City (in the manner provided below) with certificates of insurance and with copies endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
Proof of insurance shall be either emailed in pdf format to: [email protected].
The City of San José – Finance
Risk Management
200 East Santa Clara Street, 13
th Floor Tower
San José, CA 95113-1905
Developer or its contractors shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXH
IBIT L
BOND FORMS - PHASE III PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT M
BO
ND FORMS - PHASE IV PARK
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT N
PER
MITTED EXCEPTIONS
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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EXHIBIT N
PER
MITTED EXCEPTIONS
Permitted Exceptions – Phase III Park Site per the title report provided by First American Title Company, order number 5300-LA0063TO dated February 21, 2025, and amended March 20, 2025.
1. General and special taxes and assessments for the fiscal year 2025-2026, a lien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
3. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description.
4. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
5. Water rights, claims or title to water, whether or not shown by the Public Records.
6. Rights of parties in possession.
Permitted Exceptions – Phase IV Park Site per the title report provided by First American Title Company, order number 5300-LA0062TO dated October 23, 2025, and amended November 07, 2025.
1. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
2. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description.
3. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
4. Water rights, claims or title to water, whether or not shown by the Public Records.
5. Rights of parties in possession.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.